New Delhi, October 8 (Daily Kiran) : The Supreme Court of India has instructed the central government to compile state-specific information regarding the regulation, registration, and oversight of rehabilitation centers for disabled children. This directive came during a hearing on a public interest litigation (PIL) filed by advocates Rahul Bajaj and Zaheer Abbas Jan, who focus on the rights of the disabled and children, respectively.
The bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, emphasized the need for the government to collaborate with all states and union territories to create comprehensive data on legal safeguards governing these institutions.
The court mandated that the central government provide a sworn affidavit detailing the establishment and functioning of statutory authorities under the Rights of Persons with Disabilities Act (RPWD), 2016. Additionally, it called for the notification of minimum standards for mental health institutions and methods for inspecting and monitoring rehabilitation facilities.
During the hearing, Bajaj highlighted the necessity of mandatory state-level registration for rehabilitation centers under the RPWD Act. He stressed the importance of solid data to ascertain whether the designated legal authorities have been established in all states and if they are effectively carrying out their regulatory and monitoring duties.
Bajaj referenced the Mental Healthcare Act of 2017, noting that only ten states and union territories have issued notifications regarding the required minimum standards for mental health centers.
In light of these concerns, the bench directed the central government to coordinate with state administrations and submit the necessary information to the Supreme Court. The next hearing is scheduled for October 22.
The PIL points out systemic failures in implementing legal safeguards under the RPWD Act, the Rehabilitation Council of India (RCI) Act of 1992, and the Mental Healthcare Act. Despite the existing legal framework, disabled children are facing issues due to the operation of unregistered institutions, inadequate infrastructure, a shortage of qualified professionals, and a lack of effective regulatory oversight.
The petitioners argued that institutions providing services to disabled individuals must be registered under Section 50 of the RPWD Act, which prohibits anyone from starting or running such an institution without a registration certificate from the competent authority.
The petition also raised concerns about the enforcement of the Mental Healthcare Act, which mandates state mental health authorities to establish minimum quality standards for mental health services.
The petitioners cited the findings from an unannounced inspection conducted by the Child Welfare Committee in Srinagar in 2025, revealing that the center lacked registration under the RPWD and RCI Acts, as well as basic facilities, qualified staff, and proper program implementation.
They are advocating for the effective implementation of legal provisions related to the registration, regulation, and monitoring of rehabilitation and mental health facilities for disabled children.
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